Terms & Conditions
5diamondpainting provides services to you under the following terms and conditions ("Terms and Conditions"). When you browse the website, place an order or receive any service from 5diamondpainting, you are agreeing to these Terms and Conditions
- The 5diamondpainting ("Website") may contain links to other websites operated, controlled or produced by third parties. Unless indicated, 5diamondpainting does not control, sponsor, endorse or approve any such websites or their content, and does not take responsibility for the websites or their content.
- You must ensure that your access to and use of the Website is not prohibited by laws that apply to you.
- 5diamondpainting takes no responsibility for any damage from viruses, malicious computer codes and interference's that may arise in connection with your use of the Website.
Pricing and Product Information
- 5diamondpainting reserves the right to reject an order if, in its sole opinion, it is unacceptable.
- All prices listed on the Website are in American Dollar ($), unless otherwise indicated.
- All prices listed on the Website are exclusive of American Goods and Services Tax (GST) where applicable. 5diamondpainting will issue a compliant tax invoice where appropriate.
- We exercise great caution in trying to avoid errors in pricing and product information. If such mistakes occur, we reserve the right to correct them. We apologize in advance for any inconvenience this may cause.
- Prices are subject to change without notice.
- Prices for items in your order are fixed as soon as your order has been confirmed. Subsequent price changes will not be applied to confirmed orders.
- If a discount code is entered at the online checkout, it will apply the discount across the full priced item(s), excludes special order and promotion items such as sale and free shipping promotions. Discount codes apply to advertised 5diamondpainting.com prices only. Discount and promotional codes are not valid in conjunction with any other offer. Limit of one discount code applies per transaction.
- By ordering through Website, you agree to pay the delivery charges that are calculated and specified in the order confirmation.
- Free shipping offers will be at 5diamondpainting absolute discretion, including the method of delivery.
- All dimensions and weights specified are approximate.
- Features, information and specifications of products described or depicted on the Website are subject to change without notice.
- Any order submitted by you is an offer by you to purchase goods for the price (plus any delivery fee) as specified at the time you submit your order, based on these Terms and Conditions.
- Orders are deemed to be received by 5diamondpainting at the time we send an order confirmation with an order number to your nominated email address.
- Each Order (once confirmed) represents a separate agreement.
- As an online business, 5diamondpainting will primarily communicate with customers via email. In completing the Order form, you agree to provide complete and accurate personal details to enable the processing and delivery of your Order.
- You should check your Order carefully before submitting. Once you submit your Order, cancellations of your Order or changes to the Goods in your Order cannot be made (unless by agreement with 5diamondpainting or otherwise under these Terms and Conditions). However, you can return Goods under the Returns Policy.
- 5diamondpainting reserves the right to accept or reject your Order for any reason at any time. This includes circumstances in which the Order requests commercial quantities of Goods.
- When we accept an Order, it constitutes an agreement by 5diamondpainting to supply the Goods under these Terms and Conditions.
- 5diamondpainting accepts no responsibility for Orders that are declined or not accepted due to disruptions with internet connections.
- If we reject an Order, we will notify you of the reason for rejection via email within 5 Business Days.
- 5diamondpainting will not be liable to you for your loss or that of any third party for the rejection of an Order.
- If we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order and contact you at your nominated email address.
- In the interest of continual improvement, 5diamondpainting reserves the right to, at any time, alter the specification in respect of the Goods without prior notice to the Customer. An alteration does not entitle the Customer to return Products, cancel an Order or otherwise avoid its obligations and liabilities pursuant to these Terms and Conditions.
- We accept the following payment methods: Paypal, Visa and MasterCard. The name on the credit card used for the payment must match the name on the Order.
- Payment will be processed immediately upon confirmation of your Order.
- If your payment cannot be processed, your Order will be rejected under clause 5 and you will be notified of this on the Website. If a credit card payment cannot be processed you should contact your card issuer first to try to resolve the problem, or use an alternative payment method in order to continue with your Order.
- All payments made by Customer shall be made without withholding or set-off. All deposits or advanced payments are non-refundable. Time for payment shall be of the essence of this Agreement.
Delivery and Ownership of goods
- 5diamondpainting uses Delivery Agents to deliver your Goods. You agree that your details, including your Delivery Address, will be supplied to the Delivery Agent for the purpose of delivering your Goods.
- We are unable to deliver to PO Box addresses.
- Once an order has been dispatched to the customer, the dispatch service is deemed to have been provided, and in no circumstances is 5diamondpainting then liable to refund the delivery fee paid by the customer. All shipping charges are non-refundable.
- 5diamondpainting is not responsible for the delivery and delivery times of the Order once dispatched to the Delivery Agent. Once Goods have been dispatched, the customer is solely responsible for liaising with Interior Secret's nominated Delivery Agent in relation to date of delivery and to make themselves available to take delivery during business hours or otherwise in accordance with the agent's instructions.
- 5diamondpainting is not liable for any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
- The parties acknowledge that Goods may be damaged in transit by the carriers, and in such a case, the customer may contact 5diamondpainting in accordance, however 5diamondpainting is not liable in any way to provide a refund or for any other damage caused thereby or for any corresponding delays.
- The date of dispatch listed on the website is the estimated date of dispatch as is reasonably estimated by 5diamondpainting. This date is subject to change without notice. Where scheduled dispatch of a Product is delayed, customers will be notified by email or telephone at the nominated email address or telephone number in their Order. 5diamondpainting does not hold any responsibility for events that may occur, or any other causes, resulting in a delayed dispatch or delivery date.
- Risk and title in the Goods passes to you on the date and time of delivery of the Goods to the Delivery Agent.
- Unless otherwise agreed in writing, all risk in, and to, the Goods purchased shall pass to the Customer upon delivery to, or collection by, the Customer, its agent or authorised representative.
- All deliveries will take place during Business Days. If you are not usually home on Business Days, or are unable to accept delivery we suggest: (a) you have the item delivered directly to your place of work or (b) provide special instructions when ordering for a safe delivery place at your home.
- Where a Customer gives written authority for Goods to be delivered without a signature, any and all included insurance cover will be voided upon the Goods being left as instructed.
- Where a Customer wishes to cancel an Order after it has been dispatched, the delivery fee and return or redirection costs are not refunded and/or are payable by the customer.
- The delivery of Goods by third party carriers includes only delivery to ground floor and/or the front door by a single delivery driver. The service does not include carrying items inside, upstairs, in elevators, placement, assembly, removal of wrapping or the like. It is at all times the customer's responsibility to arrange for a means to bring Goods inside (or in the case of a return, outside) from (or in the case of a return, to) the front door or grounds floor of residences or buildings.
- For all oversized or bulky items the customer is also required to assist (or to arrange for someone to assist) the carrying of the Goods from the delivery vehicle to the front door. The only exception is if the customer has arranged for alternative and/or premium service in advance of dispatch with 5diamondpainting.
- If 5diamondpainting is unable to source or deliver the Goods as ordered by you, 5diamondpainting has right to cancel your order and provide you with a refund. 5diamondpainting takes no responsibility for any loss or damage whatsoever in relation to orders that have been cancelled by us.
Refunds and Returns
- Other than when a fault is deemed a major fault, 5diamondpainting is not required to provide refunds. No refunds are available for services where goods are not offered.
- In order to process a return under these Terms and Conditions, customers must contact 5diamondpainting using the details on the Contact Us page. The customer must then comply with instructions from 5diamondpainting staff.
- Returned goods must be returned in their original packaging with all accessories and parts, and must be in a condition suitable for resale. If a returned item is found not to be re-sellable by 5diamondpainting at its absolute discretion, 5diamondpainting reserves the right to refund or offer store credits of 50% or less of the product price paid by the customer.
- 5diamondpainting takes no responsibility for items lost in transit. If the customer arranges to return the products themselves, it is their sole responsibility to ensure that products are returned safely and in the aforementioned re-sellable condition.
- Painting Diamonds considers that an item that has been damaged in transit, or contains a fault that is unique to the actual item sent to the customer, and therefore would not be expected to be a fault existing in a replacement, not to be a major fault in any circumstances notwithstanding the extent of said damage.
- To the extent permitted by law we will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
- For the avoidance of doubt, nothing in this clause limits or restricts your ability to make a claim that may be available to you for our failure to comply with a guarantee under the America Consumer Law.
- In relation to the guarantees that cannot be excluded under the Competition and Consumer Act 2010 (Cth) (CCA), the Customer is entitled to a replacement or a refund for major failure and compensation for any other reasonably foreseeable loss or damage. However 5diamondpainting is not liable for loss or damage that results from its failure to comply with these guarantees if that failure was caused independent of human control and occurred after the Goods left our control.
- 5diamondpainting, its contractors, agents, or employees disclaim liability for any damages whatsoever (including special, indirect or consequential) arising out of or in connection with the performance or use of the Website whether in contract, at common law or in equity, or on any other basis.
- You agree to indemnify and to keep indemnified Interior Secret and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by 5diamondpainting arising out of or in connection with the your use of the Website and the use of any 5diamondpainting products outside the manufacturer's specifications.
- 5diamondpainting reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of order are those that govern your relationship with 5diamondpainting with respect to that order.
- Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms or affect the validity or enforceability of that provision in any other jurisdiction.
- A failure or delay by 5diamondpainting to exercise a power or right under these Terms does not constitute as a waiver of that power or right, and the exercise of a power or right by 5diamondpainting does not preclude its future exercise or the exercise of any power or right.
- Personal Information, such as your contact details, that you provide to us during the order process will be kept and used by us for the purpose of processing your order; marketing, supplying or delivering our products to you; and carrying out repair work (in and/or out of warranty periods).
- 5diamondpainting is committed to protecting your privacy and personal information because of our legal and ethical commitment to comply with relevant laws. Most importantly, we know that you care about how your personal information may be used and shared. 5diamondpainting will not sell, rent, share or otherwise disclose your personal information in violation of these commitments.
- While dealing with our customers, we may collect and retain the following types of information:
1.Information about roles, means of communication with, and personal attributes of employees and other representatives of corporations we deal with, which may be collected incidentally in the process of dealing with them.
2.Information about persons who are customers or prospective customers that is provided to us by those persons; or information obtained from public sources such as magazines and newspapers.
- The information outlined above may be held in electronic records and hard copy, permitting lawful access only by those company employees and contractors who need access to perform their functions.
- We may occasionally employ other agencies, companies and individuals to perform functions on our behalf e.g. a third party repairer to provide warranty repair. In such cases we may disclose personal information to enable these companies and individuals to fulfil their function.
- In accordance with the National Privacy Principles in the Privacy Act 1988, you are able to request access to your personal information. If so, please contact us using the details on our Contact Us page for further details of the process and administration fee.
Personal information we collect
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files ” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.
- [[INSERT DESCRIPTIONS OF OTHER TYPES OF TRACKING TECHNOLOGIES USED]]
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers [[INSERT ANY OTHER PAYMENT TYPES ACCEPTED]] ), email address, and phone number. We refer to this information as “Order Information”.
[[INSERT ANY OTHER INFORMATION YOU COLLECT: OFFLINE DATA, PURCHASED MARKETING DATA/LISTS]]
How do we use your personal information?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
- Communicate with you;
- Screen our orders for potential risk or fraud; and
- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
- [[INSERT OTHER USES OF ORDER INFORMATION ]]
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
[[INSERT OTHER USES OF DEVICE INFORMATION, INCLUDING: ADVERTISING/RETARGETING]]
Sharing you personal Information
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https:// www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/ intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations , to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative's (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by using the links below:
- Facebook: https://www.facebook .com/settings/?tab=ads
- Google: https://www.google.com/settings/ads/anonymous
- Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/ personalized-ads
- [[INCLUDE OPT-OUT LINKS FROM WHICHEVER SERVICES BEING USED]]
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance's opt-out portal at: http://optout.aboutads.info/.
Do not track
Please note that we do not alter our Site's data collection and use practices when we see a Do Not Track signal from your browser.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
[[INSERT IF AGE RESTRICTION IS REQUIRED]]
The Site is not intended for individuals under the age of [[INSERT AGE]] .
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at email@example.com